What is the Offence of Careless Driving?
Careless driving is a common traffic offence in Victoria under the Road Safety Act 1986 (Vic). It applies when a driver fails to exercise proper care and attention, even if there is no actual harm caused.
Examples of careless driving include:
- Failing to give way, causing a near-miss.
- Swerving between lanes without indicating.
- Driving while distracted, such as using a mobile phone.
- Braking suddenly or failing to maintain a safe distance.
- Failing to adjust driving in poor weather conditions.
Unlike reckless or dangerous driving, careless driving does not require proof of intentional risk-taking—it simply involves a failure to drive with due care and attention.
What the Prosecution Must Prove
To convict someone of careless driving, the Prosecution must establish:
- You were driving a motor vehicle — This includes being in control of the car.
- You failed to exercise proper care while driving — This can include:
- Failing to obey road rules.
- Causing a near-miss or accident.
- Engaging in distracted or inattentive driving.
- Your driving posed a risk to other road users — This does not mean actual harm occurred, only that your driving was below the expected standard of a reasonable driver.
Penalties for Careless Driving in Victoria
While careless driving is not as serious as reckless or dangerous driving, it can still result in substantial penalties.
- Fines — Up to 12 penalty units (over $2,500).
- Demerit Points — 3 demerit points.
- Licence Suspension — Possible for serious or repeat offences.
Possible Defences to a Careless Driving Charge
Charged with Careless Driving? Contact Us for Expert Legal Advice
If you have been charged in Victoria, it is crucial to seek legal advice as soon as possible. A conviction can result in a criminal record, loss of licence, and financial penalties. Our experienced traffic lawyers at Elbob & Stephenson Legal can assess your case, explore possible defences, and work to minimise the impact on your life.
☎ Contact us today on 1800 117 533 to schedule a consultation.
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